Search Results for: magna-carta-text-and-commentary

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A classic classroom reference since its 1964 publication, this indispensable volume offers the full text of Magna Carta in English, as well as a chapter-by-chapter discussion of its history and provisions. In his newly revised commentary on this founding document in the history of constitutionally limited governments, A.E. Dick Howard places the charter in context of the extraordinary surge of constitutionalism in the aftermath of the Cold War. Magna Carta: Text and Commentary is a cogent introduction to Magna Carta that students everywhere can readily appreciate.

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'David Carpenter deserves to replace Sir James Holt as the standard authority, and an unfailingly readable one too.' Ferdinand Mount, TLS 'An invaluable new commentary' Jill Leopore, New Yorker With a new commentary by David Carpenter "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land." Magna Carta, forced on King John in 1215 by rebellion, is one of the most famous documents in world history. It asserts a fundamental principle: that the ruler is subject to the law. Alongside a new text and translation of the Charter, David Carpenter's commentary draws on new discoveries to give an entirely fresh account of Magna Carta's text, origins, survival and enforcement, showing how it quickly gained a central place in English political life. It also uses Magna Carta as a lens through which to view thirteenth-century society, focusing on women and peasants as well as barons and knights. The book is a landmark in Magna Carta studies. 2015 is the 800th anniversary of Magna Carta's creation - an event which will be marked with exhibitions, commemorations and debates in all the countries over whose constitutions and legal assumptions the shadow of Magna Carta hangs.

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The 800th anniversary of Magna Carta falls in June 2015. In this work Dr Blick argues that this event should be the occasion for a reassessment of the past, present and future of the UK constitution. He draws on his experience as research fellow to the first ever parliamentary inquiry into the possibility of a written constitution for the UK. Dr Blick considers a series of English and UK historical texts from Anglo-Saxon times onwards, among which Magna Carta is the most prominent, which sought to set out arrangements for the governance of England and later the UK as a whole. He argues that they comprise a powerful tradition of written constitutional documents, and stresses the importance of the European dimension to their introduction and content. The author then considers the present nature of the UK constitution, describing the period of immense flux through which it has passed in recent decades, and the implications of this phase of change. Dr Blick identifies a need for a full written constitution for the UK as the next appropriate step. Finally, he discusses the democratic processes suitable to devising such a text, and what its contents might be. 'With this book Andrew Blick has made a major contribution to our understanding of how our system of government has worked in the past, how it is working – or not working – now, and what it could be in the future. Combing the centuries, he challenges many misconceptions and makes a powerful case for a written constitution. This volume is absolutely essential to anyone who wants to appreciate the real meaning of Magna Carta and why we should celebrate it.' Graham Allen MP, Chair, House of Commons Political and Constitutional Reform Committee 'Beyond Magna Carta brings together the utility of a road map with the fascination of a changing cartography of political thought – all part of the constitutional development of these islands from the Great Charter of 1215 to the confusing aftermath of the Scottish Referendum of 2014. It is a superb work of explanation capped by intriguing suggestions of future possibilities.' Lord Hennessy of Nympsfield, FBA, Attlee Professor of Contemporary British History, Queen Mary, University of London.

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This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works – avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extensive supporting artwork Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices

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This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry

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Law school casebook patterned to reflect new developments in tort law and process. The casebook substantially reduces the emphasis heretofore given to negligence law and increases the attention focused on alternatives. Included throughout the book are cases that are useful on issues of substantive law, which also serve as excellent vehicles for an inquiry into process.

Policies, Perceptions and the Presence of Aliens in Elizabethan England

Author: Laura Hunt Yungblut

Publisher: Routledge

ISBN: 1134976399

Category: History

Page: 192

View: 4614

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During the reign of Elizabeth I, large numbers of aliens immigrated into England for various reasons, most notably to escape religious persecution and the wars that wrecked the Continent in the sixteenth century. Much like governments facing immigration issues today, England's governors struggled to strike a balance between the potentially beneficial and the potentially dangerous aspects of the aliens' presence. Strangers Settled Here Amongst Us focuses on the link between the aliens, native English and the central government. It explores policies and attitudes, bringing new perspectives to familiar documents as well as introducing documents rarely seen in the subject's scholarship.

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A fundamental component of Britain’s early success, naval impressment not only kept the Royal Navy afloat—it helped to make an empire. In total numbers, impressed seamen were second only to enslaved Africans as the largest group of forced laborers in the eighteenth century. In The Evil Necessity, Denver Brunsman describes in vivid detail the experience of impressment for Atlantic seafarers and their families. Brunsman reveals how forced service robbed approximately 250,000 mariners of their livelihoods, and, not infrequently, their lives, while also devastating Atlantic seaport communities and the loved ones who were left behind. Press gangs, consisting of a navy officer backed by sailors and occasionally local toughs, often used violence or the threat of violence to supply the skilled manpower necessary to establish and maintain British naval supremacy. Moreover, impressments helped to unite Britain and its Atlantic coastal territories in a common system of maritime defense unmatched by any other European empire. Drawing on ships’ logs, merchants’ papers, personal letters and diaries, as well as engravings, political texts, and sea ballads, Brunsman shows how ultimately the controversy over impressment contributed to the American Revolution and served as a leading cause of the War of 1812. Early American HistoriesWinner of the Walker Cowen Memorial Prize for an Outstanding Work of Scholarship in Eighteenth-Century Studies

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Chronicles the events which led to the creation of the Magna Carta and the influence of this document on all subsequent laws in England as well as on the American Constitution. Includes the original text.

The Making and Enforcement of Legislation in Thirteenth-Century England

Author: Paul Brand

Publisher: Cambridge University Press

ISBN: 9781139439077

Category: History

Page: N.A

View: 344

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This book is a study of two important and related pieces of thirteenth-century English legislation - the Provisions of Westminster of 1259 and the Statute of Marlborough of 1267 - and is the first on any of the statutes of this period of major legislative change. The Provisions of Westminster were the first major legislation enacted in England after Magna Carta, when Henry III surrendered control of government to a baronial council with an agenda of institutional reform. The Provisions were revised and reissued by the king in 1263, and a further revision in 1267 produced the Statute of Marlborough. Exceptionally good surviving documentation is used to follow the evolution of the individual clauses from initial suggestions for reform, through a series of drafts, to the various versions of the final texts.

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This introduction tells you everything you need to know about British Government and Politics. It examines the institutions and practices and makes comparisons with the experience of other countries.

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This volume discusses the long reign of Henry III (1216-1272). It examines subjects such as the whole nature of Henry III"s personal rule, the immediate causes of the revolution of 1258, the rise of Simon de Montfort, and the explosive development of Engli

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Why Are You Here?: A Primer for State Legislators and Citizens is a challenge to America’s 7,382 state legislators and their constituents to critically examine their state legislature and take appropriate action to improve it.

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This volume marks the centenary of Liebermann’s Die Gesetze der Angelsachsen (1903-1916) by bringing together essays by scholars specializing in medieval legal culture. The essays address not only Liebermann’s legacy, but also major issues in the study of early law.